TX2: Warrantless blood draw under TX statute still unconstitutional where no warrant exception applies

The nonconsensual and warrantless search and seizure of defendant’s blood, which the officer conducted under Tex. Transp. Code § 724.012 and without facts supporting an independent exception to the warrant requirement, violated the Fourth Amendment. State v. Swan, 2016 Tex. App. LEXIS 632 (Tex.App. – Ft. Worth Jan. 21, 2016).*

“In State v. Won, 136 Hawai’i 292, 312, 361 P.3d 1195, 1215 (2015), we held that ‘coercion engendered by the Implied Consent Form runs afoul of the constitutional mandate that waiver of a constitutional right may only be the result of a free and unconstrained choice,’ and, thus, a defendant’s decision to submit to testing after being read the implied consent form ‘is invalid as a waiver of his right not to be searched.’ In accordance with State v. Won, the result of [the] breath test was the product of a warrantless search, and the ICA erred by concluding that the district court properly denied [the] motion to suppress the breath test result. Accordingly, [the] OVUII conviction may not be upheld.” State v. Cheek-Enriques, 2016 Haw. LEXIS 25 (Jan. 21, 2016);* State v. Terasako, 2016 Haw. LEXIS 23 (Jan. 21, 2016);* State v. Lee, 2016 Haw. LEXIS 24 (Jan. 21, 2016).*